Best DUI & DWI Lawyers in Modesto

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Law Office of Rebecka A. Monez
Modesto, United States

English
The Law Office of Rebecka A. Monez, located in Modesto, California, specializes in criminal defense, offering comprehensive legal services to clients facing a range of charges, from misdemeanors to serious felonies. The firm is led by Rebecka A. Monez, a licensed attorney in all California and...
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About DUI & DWI Law in Modesto, United States

DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) offenses refer to operating a vehicle while impaired by alcohol or drugs. In Modesto, California, which is part of Stanislaus County, the terms are often used interchangeably, but both relate to driving when your ability is affected by substance use. California laws strictly regulate DUI offenses, and even first-time violations can result in significant legal consequences such as license suspension, fines, and potentially jail time. Law enforcement actively patrols for impaired drivers in Modesto, and DUI checkpoints are regularly established.

Why You May Need a Lawyer

Legal guidance is crucial if you have been charged with a DUI or DWI in Modesto. Here are some common situations where hiring a lawyer can be beneficial:

  • You have been arrested or charged with drunk driving or drugged driving.
  • You failed or refused a breathalyzer, blood, or field sobriety test.
  • You are facing license suspension, revocation, or points on your driving record.
  • This is not your first offense, or you have prior DUIs on your record.
  • Your DUI resulted in an accident, injury, or property damage.
  • You are dealing with charges involving underage drinking or commercial driving.
  • You need advice on challenging the accuracy or legality of tests and procedures.

A knowledgeable DUI attorney can help you understand your rights, build a defense, negotiate plea deals, and represent you in court to achieve the best possible outcome.

Local Laws Overview

California Vehicle Code Section 23152 defines the legal parameters for DUI in Modesto:

  • The legal blood alcohol concentration (BAC) limit for drivers over 21 is 0.08 percent.
  • For commercial drivers, the BAC limit is 0.04 percent.
  • For drivers under 21, there is a zero-tolerance policy with a limit of 0.01 percent BAC.
  • Driving under the influence of drugs (illegal, prescription, or even certain over-the-counter medications) is also prohibited.
  • Refusing chemical testing can result in an automatic license suspension under California's implied consent law.

Penalties for DUI offenses in Modesto may include fines, mandatory DUI education programs, probation, installation of ignition interlock devices, and incarceration. Enhanced penalties apply for repeat offenders, high BAC, causes of injury, or if minors are present in the vehicle.

Frequently Asked Questions

What happens after a DUI arrest in Modesto?

After an arrest, you will likely be booked at the county jail and your driver's license may be confiscated. You will receive a temporary license, and formal charges will be filed. You have 10 days to request a DMV hearing to challenge the suspension.

Can I refuse a breath or blood test?

Under California's implied consent law, refusing a chemical test can result in automatic license suspension and increased penalties, even if you are not convicted of DUI.

Will I lose my license if convicted?

Yes, a DUI conviction generally results in a suspension or revocation of your driver's license. The duration depends on factors such as prior offenses and the specifics of your case.

Are there any defenses to DUI charges?

Possible defenses include challenging the validity of the traffic stop, accuracy of chemical tests, procedures during arrest, and whether your rights were violated. An attorney can evaluate which defenses may apply.

What if I am a first-time offender?

First-time DUI offenders face fines, possible jail time, license suspension, mandatory DUI classes, and probation. However, alternatives such as diversion programs or plea bargains may be available.

How serious is a DUI with injury?

DUI causing injury is considered a more severe offense in California and can be charged as a felony. Penalties increase significantly, including potential prison time and larger fines.

Do I need a lawyer even for a first offense?

Even first-time offenders can benefit from legal counsel, as a lawyer can help navigate complex legal procedures, minimize penalties, or potentially get charges reduced or dismissed.

What is an ignition interlock device, and will I need one?

An ignition interlock device is a breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected. California may require these devices for certain DUI convictions.

Will a DUI show up on my background check?

Yes, DUIs are criminal offenses and typically show up on criminal background checks, which can affect employment and other opportunities.

Can I expunge a DUI conviction in Modesto?

Some DUI convictions can be expunged from your record if you complete probation and meet specific conditions. Consult with an attorney to determine your eligibility.

Additional Resources

If you or a loved one are seeking help or information about DUI or DWI in Modesto, consider these resources:

  • Stanislaus County Superior Court - handles DUI cases in Modesto.
  • California Department of Motor Vehicles (DMV) - for information about license suspension and hearings.
  • California Office of Traffic Safety - for DUI prevention resources and statistics.
  • Alcoholics Anonymous and substance abuse treatment facilities - support for addiction-related concerns.
  • State Bar of California - to find licensed DUI attorneys in the Modesto area.

Next Steps

If you are facing DUI or DWI charges in Modesto, it is essential to act quickly. First, request a DMV hearing within 10 days of your arrest to contest your license suspension. It is strongly recommended that you contact a qualified DUI attorney who understands California and Modesto-specific laws. Gather all documents related to your arrest, such as police reports, court notices, and test results. Attend all scheduled court hearings and follow your lawyer's advice closely. Addressing DUI charges proactively with professional legal support improves your chances for a better outcome and protects your rights throughout the legal process.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.